FIRST FRIENDSHIP INSTITUTIONAL BAPTIST CHURCH OF VS. YVONNE DUNKLEY ET AL
MOTION FOR SUMMARY JUDGMENT
Motion type
Parties
Ruling
Matter on calendar for Wednesday, September 02, 2026, Line 2, DEFENDANT YVONNE DUNKLEY, DAVID BONNER's MOTION FOR SUMMARY JUDGMENT.
Cross-complainants Yvonne Dunkley and David Bonner's unopposed Motion for Summary Judgment is OFF CALENDAR. Cross-complainants failed to demonstrate they timely served their moving papers. (See Code of Civil Procedure section 437c(a)(2) [motion must be filed and served 81 days before hearing; add five days if served by mail within state; add 10 days if served by mail outside state; add two days if served by facsimile, express mail or overnight;]; Code of Civil Procedure section 1013(a) [service by mail where place of address and place of mailing are within State of adds 5 calendar days to the period of notice]; see Code of Civil Procedure section 1010.6(a)(3)(B) [service by email adds two court days to "any period of notice"]; Code of Civil Procedure section 1013(e) [service by fax only be agreement and adds two court days to "any period of notice"].)
Parties must timely file proof of service of their moving papers. (See California Rules of Court, rule 3.1300(c).) The POS must state the name and address/electronic address of the person making the service, the exact title or description of the documents served, the name of the person or entity served and the specific address where it was sent or delivered, the exact date, time, and location or manner of the service; it must be complete, signed under penalty of perjury by the person who served the documents, dated and filed. (See Code of Civill Procedure sections 1013a, 1013b, 2015.5.)
Cross-complainants here have not presented any cognizable proof of service of their moving papers. Cross-complainant may be relying on the "Proof of Service by Email" attached to their Exhibits in Support of Their Motion for Summary Judgment, filed 6/9/2026. But that document is neither signed nor dated. Additionally, it was filed on 6/9/2026, but the declarant purports to recite what he did on 6/10/2026-a day that had not yet occurred. Additionally, it reports service by mail, but it has the wrong suite number for counsel.
Cross-complainants are admonished to ensure any subsequent filing conforms to the requirements set forth in the Code of Civil Procedure and California Rules of Court, including page limits, table of contents, table of authorities. Cross-complainants are ordered to prepare a proposed order which repeats the above text verbatim and email it to contestdept302tr@sftc.org prior to the time set for hearing.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ). | |
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